Fort Myers accident lawyer

Gilliam v. Immel – Proof of Damages Key in Injury Lawsuits

January 31, 2017 | Associates and Bruce L. Scheiner

The first question that often arises in injury litigation is whether the defendant was negligent in causing plaintiff’s injuries. But the second – and equally important – element is damages. That is, to what extent did plaintiff suffer? How can that suffering be quantified?

Our Fort Myers injury lawyers do this with a number of approaches, depending on the individual circumstances. It could include production of medical bills. It could include testimony of expert witnesses, such as orthopedic surgeons. It will mean looking at how the plaintiff’s ability to earn money and make a living has been impacted, both in the past and in the future. It could mean delving into the effect the incident has had on plaintiff’s personal relationships and overall quality of life. The question of damages cannot be overlooked.

Unfortunately, it’s not always as easy to prove as it may seem. In the recent case of Gilliam v. Immel, the Virginia Supreme Court affirmed a ruling in which plaintiff proved that defendant was liable for the crash, but failed to show her injuries should compel him to pay damages. Continue reading ›

Ready v. RWI Transportation – Causal Link of One Car Accident to Another

November 20, 2016 | Associates and Bruce L. Scheiner

As Fort Myers personal injury attorneys, we handle many cases that involve third-person liability. Regardless of the type of incident – whether it’s a construction accident or a car accident or a slip-and-fall – there are four necessary elements one must prove in order to prevail. Those are:

Duty.
Breach.

Fridman v. Safeco Ins. Co. of Ill. – Insurance Bad Faith

March 12, 2016 | Associates and Bruce L. Scheiner

Despite slogans that promise to be “on your side,” “like a good neighbor” and to keep you “in good hands,” auto insurance companies do not have your best interests at heart. Time and again, we see examples of insurance companies doing everything in their power to low-ball customers or outright deny legitimate claims.

They hope you’ll eventually give up and take less than what you’re owed. At Associates and Bruce L. Scheiner, Attorneys for the Injured, we make it our top priority to make sure that doesn’t happen.

When an insurer is playing hard ball, one avenue of recourse is a bad faith claim. Insurance companies owe a duty to consumers to act in good faith toward their insureds. That means if they delay, discount or deny payment without just cause, they may be required by courts to pay triple damages. Continue reading ›

Wrongful Death in Motor Coach Crash

March 8, 2016 | Associates and Bruce L. Scheiner

Motor coach accidents are an area of concern for traffic safety experts and the public nationwide. In recent years, there have been a number of horrific motor coach and charter bus crashes, which have led to calls for greater regulatory action.

Just this year in California, two women, ages 51 and 76, were killed in San Jose when a Greyhound bus flipped on its side during a rainy morning commute. The women were thrown from the windows of the bus. The 58-year-old driver was reportedly “fatigued” prior to the crash. And late last year in Virginia, dozens of college students were hospitalized after a charter bus overturned when transported students back to campus. The operator was later charged with reckless driving for taking the ramp too quickly.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency in charge of regulating motor carriers. That includes identifying those that may be unsafe and taking corrective action. But what if the regulators don’t act fast enough to stop a dangerous carrier? Can you sue the federal government? Continue reading ›

Wuthrich v. King County – Duty of Government to Control Vegetation

February 19, 2016 | Associates and Bruce L. Scheiner

You approach an intersection and stop at a stop sign. You try to look both ways, but there is a huge bush in your away. You inch forward and still don’t see anyone, so decide to proceed. BAM! A motorcycle seemingly blasts out of nowhere and strikes your rear driver’s side door.

This is what happened to one of the defendants in Withruch v. King County, a case recently before the Washington State Supreme Court.

Central to this case was whether the county could be held at least partially liable for injuries to the motorcyclist for failure to ensure site lines at the intersection were clear. We know that a municipality’s duty to maintain roads in a reasonably safe condition for ordinary travel isn’t limited to the asphalt. So if there is vegetation by the road that is blocking one driver’s view of oncoming traffic, that is a situation where reasonable action is needed to remedy the problem. Continue reading ›

Deadly Defect in GM Cars Leads to $900 Million Penalty, No Criminal Charges

October 3, 2015 | Associates and Bruce L. Scheiner

The General Motors ignition switch defect linked to 124 deaths and many more injuries resulted in a criminal case by the U.S. Department of Justice, which is now being settled for $900 million.

That may sound like a lot of money, but those who have lost loved, were injured or even faced felony charges for crashes they did not actually cause, say it’s of little solace. Primarily, their issue is not so much with the dollar amount, though it is 25 percent less than the $1.2 billion Toyota agreed to pay last year for the fatal flaws in its vehicles. Rather, the issue is the fact that no one with the company will face criminal charges.

In fact, the DOJ has agreed to defer prosecution of the company for three years. If the company abides by the terms of the agreement – which include an independent safety practices monitor – the company will walk away with a clean record. Continue reading ›